Sec. 10005. Hemp production

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 297B of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1639p ) is amended— in subsection (a)— in paragraph (2)— in subparagraph (A)— by redesignating clauses

(ii)through

(vii)as clauses

(iii)through (viii), respectively; by inserting after clause

(i)the following: a procedure under which a hemp producer shall be required to designate the type of production of the hemp producer as— only industrial hemp; or hemp grown for any purpose other than industrial hemp; ; and in clause (iii), as redesignated by clause

(i)of this subparagraph— by inserting except as provided in subparagraph (B)(i), before a procedure ; and by striking delta-9 tetrahydrocannabinol concentration and inserting total tetrahydrocannabinol concentration (including tetrahydrocannabinolic acid) ; and in subparagraph (B), by striking include any other practice and inserting the following: include— notwithstanding subparagraph (A)(iii), a procedure for the use of visual inspections, performance-based sampling methodologies, certified seed, or a similar procedure when developing sampling plans for any producer who elects to be designated as a producer of only industrial hemp under subparagraph (A)(ii)(I); notwithstanding subsection (e)(3)(B)(i), a procedure for eliminating the 10-year period of ineligibility following the date of conviction for a felony related to a controlled substance for producers who elect to be designated as producers of only industrial hemp under subparagraph (A)(ii); and any other practice ; and by adding at the end the following: If a State or Tribal plan referred to in paragraph

(1)includes procedures for reducing or eliminating sampling or testing requirements under paragraph (2)(B)(i) for a producer of industrial hemp, the State or Indian tribe shall require the producer to provide documentation that demonstrates a clear intent to produce, and use in-field practices consistent with production of, only industrial hemp, such as a seed tag, sales contract, Farm Service Agency report, harvest technique, or harvest inspection. If a producer fails to provide the documentation required under subparagraph (A), the State or Indian tribe involved shall require the producer to conduct the testing described in paragraph (2)(A)(iii). ; in subsection (e)(2)(A)(iii), by striking delta-9 and all that follows through percent and inserting the following: total tetrahydrocannabinol concentration (including tetrahydrocannabinolic acid) of not more than 0.3 percent in the plant ; and in subsection (e)(3)— by amending subparagraph

(A)to read as follows: In the case of a State department of agriculture or a Tribal Government with respect to which a State or Tribal plan is approved under subsection (b), such State department of agriculture or Tribal Government (as applicable) shall immediately report a hemp producer to the Attorney General and, as applicable, the chief law enforcement officer of the State or Indian tribe, if the State department of agriculture or Tribal Government (as applicable) determines that the hemp producer has— violated the State or Tribal plan with a culpable mental state greater than negligence; or violated the State or Tribal plan by producing a crop that is inconsistent with the designation of only industrial hemp under subsection (a)(2)(A)(ii). Paragraph

(1)shall not apply with respect to— a violation described in subclause

(I)of clause (i); or the production of a crop inconsistent with its designation, as described in subclause

(II)of such clause. ; in subparagraph (B), by amending clause

(ii)to read as follows: Clause

(i)shall not apply to any person growing hemp that designates the type of production as only industrial hemp under subsection (a)(2)(A)(ii) if— the State or Tribal plan approved under subsection

(b)includes a procedure described in subsection (a)(2)(B)(ii); or the plan established by the Secretary under section 297C includes a procedure described in subsection (a)(2)(B)(ii) of such section. ; and by adding at the end the following: Any person who knowingly produces a crop that is inconsistent with the designation of only industrial hemp under subsection (a)(2)(A)(ii) shall be ineligible to participate in the program established under this section for a period of 5 years beginning on the date of the violation. . Section 297C of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1639q ) is amended— in subsection (a)— in paragraph (2)— by striking paragraph

(1)shall and all that follows through practice to maintain and inserting the following: paragraph (1)— shall include— a practice to maintain ; in subparagraph (C), by redesignating clauses

(i)and

(ii)as subclauses

(I)and (II), respectively, and moving the margins of such subclauses (as so redesignated) two ems to the right; by redesignating subparagraphs

(B)through

(E)as clauses

(iii)through (vi), respectively, and moving the margins of such clauses (as so redesignated) two ems to the right; by inserting after clause

(i)(as designated by clause

(i)of this subparagraph) the following: a procedure under which the Secretary shall require a hemp producer to designate the type of production of the hemp producer as— only industrial hemp; or hemp grown for any purpose other than industrial hemp; ; in clause

(iii)(as redesignated by clause

(iii)of this subparagraph)— by inserting except as provided in subparagraph (B)(i), before a procedure ; and by striking delta-9 tetrahydrocannabinol concentration and inserting total tetrahydrocannabinol concentration (including tetrahydrocannabinolic acid) ; in clause

(v)(as redesignated by clause

(iii)of this subparagraph), by inserting and after the semicolon at the end; by striking subparagraph (F); and by adding at the end the following: may include— notwithstanding subparagraph (A)(iii), a procedure for the use of visual inspections, performance-based sampling methodologies, certified seed, or a similar procedure when developing sampling plans for any producer who elects to be designated as a producer of only industrial hemp under subparagraph (A)(ii); notwithstanding section 297B(e)(3)(B)(i), a procedure for eliminating the 10-year period of ineligibility following the date of conviction for a felony related to a controlled substance for producers who elect to be designated as producers of only industrial hemp under subparagraph (A)(ii); and such other practices or procedures as the Secretary considers to be appropriate, to the extent that the practice or procedure is consistent with this subtitle. ; and by adding at the end the following: If a plan referred to in paragraph

(1)includes procedures for reducing or eliminating sampling or testing requirements under paragraph (2)(B)(i) for a producer of only industrial hemp, the Secretary shall require the producer to provide documentation that demonstrates a clear intent to produce, and use in-field practices consistent with production of, industrial hemp, such as a seed tag, sales contract, Farm Service Agency report, harvest technique, or harvest inspection. If a producer fails to provide the appropriate documentation required under subparagraph (A), the Secretary shall require the producer to conduct the testing described in paragraph (2)(A)(iii). ; and in subsection (d)(2)— in subparagraph (B), by striking and at the end; in subparagraph (C)— by redesignating clauses

(i)and

(ii)as clauses

(ii)and (iii), respectively; by inserting before clause

(ii)(as so redesignated), the following: the designation of the type of production of the hemp producers under section 297B(a)(2)(A)(ii) or under subsection (a)(2)(A)(ii) of this section; ; and in clause (iii), (as so redesignated), by striking the period at the end and inserting ; and ; and by adding at the end the following: the laboratory certificate of analysis for hemp disposed of under section 297B(a)(2)(A)(iv) or subsection (a)(2)(A)(iv) of this section. . Section 297D of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1639r ) is amended— in the section heading, by striking and inserting REGULATIONS AND GUIDELINES ; and ADMINISTRATION, REGULATIONS, AND GUIDELINES in subsection (a)— in the subsection heading, by striking and inserting PROMULGATION OF REGULATIONS AND GUIDELINES ; and ADMINISTRATION, REGULATIONS, AND GUIDELINES by adding at the end the following: The Secretary, in consultation with the Administrator of the Drug Enforcement Administration, shall establish a process by which the Department of Agriculture can issue certificates of accreditation to laboratories for the purposes of testing hemp in accordance with this subtitle. .